County, Country Feed Barn in a tiff over drainage preventing expansion

LeRoy Marquardt's new building for his Inyokern antique store is set up, rows of display cases are stocked with antiques and he has the drive to open up.The only thing delaying the grand opening in the small town is a matter of curbs and gutters and sidewalks.

INYOKERN — LeRoy Marquardt's new building for his Inyokern antique store is set up, rows of display cases are stocked with antiques and he has the drive to open up.

The only thing delaying the grand opening in the small town is a matter of curbs and gutters and sidewalks.

"The county comes along and says new building, got to comply with the regulations," Marquardt said Monday. "The regulations say you got to have curbs, gutters and sidewalks."

Marquardt and his wife Norma own Country Feed Barn, an antiques and clothing store in Inyokern.

When space got too tight in their existing business, Marquardt decided to expand and built a new building on a lot across from his current shop.

"When I applied for the original permit, it said nothing about curbs, gutters and sidewalks," Marquardt said.

The ensuing disagreement has been ongoing for more than a year, according to a Oct. 4, 2011 Kern County engineering staff report on the matter.

The report indicates that Marquardt disagreed with a provision of the Inyokern Specific Plan and asked to have it deleted or modified.

A county requirements calls for street improvements to be made to the surrounding area when commercial property is built.

The Board of Supervisors denied Marquardt's request for an exemption on Oct. 4, 2011.

Scott Denney, planning operations chief for Kern County's planning department, said Marquardt had been arguing the case for some time.

"He objected with the Specific Plan and filed appeal and ultimately lost," Denney said Monday.

Marquardt said the whole idea was absurd.

"I went over to the board of supervisors in March and said this was a ridiculous idea," Marquardt said. "When I went over and pleaded the case to the county, they said there would never be a master drainage plan for Inyokern."

Inyokern has no master drainage plan and areas like Marquardt's property can be subject to storm runoff without proper drainage.

Denney said county engineers had examined the development and said it was a matter of mutual disagreement.

"The engineer did a site evaluation and disagreed with Mr. Marquardt's claim," Denney said.

Marquardt said without proper elevation or water drainage plan, there was no guarantee curbs, gutters and sidewalks could be constructed properly.

"Now we got to figure out how to put those curbs, gutters and sidewalks and you have no idea where it's supposed to drain to," Marquardt said.

This concern was expressed in a July 11, 2011 request from Marquardt to Denney.

"I am anxious to be informed as to where the drainage is intended to end up," Marquardt stated in his request to Denney. "The 3rd Street drainage problem is duplicated many times in Inyokern where surface water runoff County maintained roads and streets is deposited on county property."

Page 2 of 2 - In the Oct. 4, 2011 county staff report addendum, county staff said compliance with the requirements would allow for the property owner to create an on-site sump, or low place where stormwater could drain off on site until it could be drained.

In this case it would be when Caltrans "is willing to accept the drainage water."

The staff report addendum dated Oct. 4, 2011 indicated it understood Marquardt's request and concerns and said implementation of the required curbs, gutters and sidewalks would not solve the overall Inyokern drainage problem.

"However, it will ensure that the approved development does not make the situation worse in the short term while contributing to implementing a solution in the long term," the addendum stated.

In the mean time, Marquardt said he would have to find a way to the solve the issue.

"You can put curbs, gutters and sidewalks anywhere but to make it fit into a master drainage plan for the community, somebody should supply us elevation or drainage plans, so we can make it fit in with the master plan for the community," he said.

He said that the delay in opening has pretty much denied the county months in sales tax revenue.

"Since it's not finalized and approved, they can't collect taxes on it, so they've lost a whole year's worth of taxes just because they're forcing me into curbs, gutters and sidewalks so I can get a final approval," Marquardt said.

The process has since shunted his goal for an open time.

""We were hoping to be open by Christmas, but it's not likely," he said. "It's ready to go, the county just needs to cut us loose."